Don't want arbitration? Then say so
Crossman, H
Don't want arbitration? Then say so - 2001 - Construction News (6731) 30 August 2001, 14(1) .
Arbitration clause does not necessarily have to make reference to an 'arbitrator' or 'arbitration' nor does it have to say that the appointed person's decision is to be final or binding. In the case of "David Wilson Homes v Survey Services and another", the Court of Appeal dismissed the argument that the clause amounted to an alternative dispute resolution procedure. The CA's decision implies that if a party has no intention of using arbitration then the clause must state so explicitly.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
DAVID WILSON HOMES LIMITED V SURVEY SERVICES LTD (NOW IN LIQUIDATION) AND MARSHALL
ALTERNATIVE DISPUTE RESOLUTION
Don't want arbitration? Then say so - 2001 - Construction News (6731) 30 August 2001, 14(1) .
Arbitration clause does not necessarily have to make reference to an 'arbitrator' or 'arbitration' nor does it have to say that the appointed person's decision is to be final or binding. In the case of "David Wilson Homes v Survey Services and another", the Court of Appeal dismissed the argument that the clause amounted to an alternative dispute resolution procedure. The CA's decision implies that if a party has no intention of using arbitration then the clause must state so explicitly.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
DAVID WILSON HOMES LIMITED V SURVEY SERVICES LTD (NOW IN LIQUIDATION) AND MARSHALL
ALTERNATIVE DISPUTE RESOLUTION